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					SURFACE WATER MANAGEMENT DESIGNATION AND DECLARATION OF RESTRICTIVE COVENANTS

THIS Surface Water Management Designation and Declaration of Restrictive Covenants made this ____ day of _________________, 20___ by ________________________________________ and __________________________________, whose address is __________________________________________________________, hereinafter referred to as "Property Owners". W I T N E S S E T H: WHEREAS, the Property Owners are the fee title owners of certain lands lying and being in the Town of Southwest Ranches, Broward County, Florida, as described in Exhibit "A", attached hereto and made a part hereof, hereinafter referred to as the "Property" and which is also known by Broward County Property Appraiser's Folio m ______________________________________; and WHEREAS, the Property Owners seek to place certain restrictions on the proposed development which will conform to the level of service for drainage as required by the Broward County Land Development Code, Chapter 5, Article IX, Broward County Code of Ordinances; and WHEREAS, the Town of Southwest Ranches is relying upon this designation and covenant in issuing a building permit for the property and the South Broward Drainage District ("District") is relying upon this designation and covenant in representing to the Town of Southwest Ranches that the proposed development meets Broward County's level of service for drainage; NOW, THEREFORE, The Property Owners hereby declare that the Property shall hereafter be held, maintained, transferred, sold, conveyed, and owned subject to the following designation and restrictive covenants: 1. RESTRICTIONS: A. A surface water management area for the storage and flowage of surface water to meet Broward County's level of service standards is hereby established, over, across, and through the portion of the Property described in Exhibit "B" ("Water Management Area"). B. Property Owners acknowledge that the Property Owners are responsible for maintenance of the entire surface water management area designated by this document and that this area shall be designed, developed, and maintained in accordance with the requirements of the District to ensure that the water management area provides for the retention of surface water to meet the applicable level of service standards. 2. COVENANT RUNNING WITH THE LAND: This Restriction and Declaration shall run with the land described in Exhibits "A" and "B" and shall be binding on all parties and all persons acquiring title to the Property. 3. ENFORCEMENT: The Town of Southwest Ranches, through its Council, its successors and assigns, Broward County, through its Commissioners, its successors and assigns and the South Broward Drainage District are the beneficiaries of this Declaration and Restriction, and as such, either the County, the District or the Town, or any of them, may enforce the terms of this Declaration by an action at law or in equity against any person or persons, entity or entities, violating or attempting to violate said terms. Furthermore, violations of this Designation and Restriction shall be contrary to the development permit issued for the development of the Property, and as such, shall constitute a violation of Chapter 5, Article IX, the Broward County Land Development Code, Broward County Code of Ordinances, and may be enforced in any manner that a violation of a county ordinance may be enforced. 4. AMENDMENT: This Designation and Restriction may be released in part or in whole by the District upon a determination that the applicable level of service has been reduced or that the construction of additional drainage facilities reduces the need for on-site surface water management areas. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day and year first above written. Signed, sealed and delivered in the presence of:

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"PROPERTY OWNERS" ___________________________________ Witness Signature  ___________________________________ Witness Printed Name  ___________________________________ Witness Signature  ___________________________________ Witness Printed Name  ___________________________________ Witness Signature  ___________________________________ Witness Printed Name  ___________________________________ Witness Signature  ___________________________________ Witness Printed Name  STATE OF COUNTY OF ) )' ) ____________________________________________________ Signature ____________________________________________________ Print Name ____________________________________________________ Signature ____________________________________________________ Print Name

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I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county last aforesaid to administer oaths and take acknowledgments, personally appeared _______________________________________________________________, to me known to be the person described herein and who executed the foregoing instrument as Property Owner and swore to and before me that the facts alleged in the above instrument are true. WITNESS my hand and official seal in the county and state last aforesaid this _______day of___________________, 20_____. [NOTARY SEAL OR STAMP AFFIXED HERE] _______________________________________________ Notary Public: State of Florida at Large __________________________________________ Typed, printed or stamped name of Notary Public

Exhibit 5 Page 1 of 3

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EXHIBIT AA@

[LEGAL DESCRIPTION OF PROPERTY BEING DEVELOPED]

Exhibit 5 Page 2 of 3

EXHIBIT AB@

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[LEGAL DESCRIPTION OF SURFACE WATER MANAGEMENT AREA] As shown on the attached sketch.

Exhibit 5 Page 3 of 3


				
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posted:11/12/2008
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